Evidentiary Value of Electronic Means in Saudi Commercial Disputes: An Analytical Study in Light of the New Saudi Law of Evidence and Relevant Regulatory Frameworks

Abstract

This study aimed to analyze and evaluate the legal framework governing electronic evidence in commercial disputes within the Kingdom of Saudi Arabia, in light of recent legislative developments, particularly the Evidence Law and the Commercial Courts Law. The research problem revolves around assessing the adequacy and effectiveness of this legislative framework in addressing the practical, technical, and legal challenges posed by the contemporary digital environment. To achieve the study's objectives, the researcher adopted a descriptive-analytical approach by extrapolating and analyzing relevant statutory texts, in addition to examining recent judicial applications and principles issued by Saudi commercial courts to identify practical trends.

The study concluded with a set of fundamental findings, most notably: the success of the Saudi legislator in establishing a comprehensive legislative infrastructure that enshrines the principles of "technological neutrality" and "functional equivalence." Official digital evidence was granted conclusive evidentiary weight equivalent to official written documents, while unofficial digital evidence was subjected to precise objective controls to ensure its reliability. The findings also demonstrated the commercial judiciary's settled practice of accepting digital evidence such as emails and instant messaging applications, with a pivotal reliance on the role of technical expertise in cases of dispute. Despite these positive developments, the study revealed complex practical challenges facing digital evidence, including: technological obsolescence, advanced encryption complexities, data storage in foreign cloud servers, a scarcity of national cadres specialized in digital forensics, and the high costs associated with technical expertise.

Based on these findings, the study recommends the necessity of strengthening the regulatory framework for the digital expertise profession, developing mechanisms for international judicial cooperation to recover evidence, and adopting institutional strategies to ensure the sustainability of digital evidence. This will contribute to bridging the gap between legislative texts and practical application, thereby enhancing legal certainty and trust in the business and investment environment.